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Terms and Conditions for Seller Members

Article 1 (Purpose)

The purpose of these Terms and Conditions is to set forth the rights, obligations and responsibilities between Inomove Group, LLC (the “Company”) and the Seller Member using electronic commerce system and its related Service (the “Service”) developed and provided by the Company and its Internet site(http://www.artpoli.com) (the ‘Website” or “Artpoli”).


Article 2 (Definitions)

Unless otherwise defined herein, the terms used in these Terms and Conditions shall have the same meanings as defined in the Terms and Conditions for Members of the Artpoli(the “General Terms”).


Article 3 (Effectiveness of the Terms and Conditions)

  1. The Company shall establish additional terms and conditions(the “Additional Terms”)  with respect to certain services provide by the Company to the extent permitted and pursuant to the applicable laws, and once the Seller Member agrees to the Additional Terms, it comes to compose a part of these Terms and Conditions.  In the event that there is any discrepancy between the Additional Terms and these Terms and Conditions, the Additional Terms shall control.

  2. All the article of the General Terms shall be applied to these Terms and Conditions, unless not applicable by its nature.  In the event that there is any discrepancy between these Terms and Conditions and the General Terms, these Terms and Conditions shall control.


Article 4 (Service Fees)

  1. Service Fees means the amount the Seller Member must pay to the Company in exchange for the use of the Service, and basically it shall be calculated by deducting any balance to be given to the Seller Member from the deposit of the General Member who uses the Purchasing Service for a certain period of time.

  2. The details of Service Fees including, but not limited to, the rate, calculation, payment system, can be changed according to the mutual agreement and/or the Company’s policy.

 

Article 5 (Obligation of Seller Member)

  1. Selling items on Artpoli becomes available upon the registration as a Seller Member.  Seller Member must upload and manage the information about the items to be sold.  The price shall be determined by the Seller Member considering average profit margin, shipping cost and service fees.

  2. The Seller Member must manage adequately the data on inventory and should not upload any deceptive data to the Website.

  3. The Seller Member must obey any rules required by the law including Act on Consumer Protection in Electronic Commerce Transactions(the “ACPECT”) with respect to the selling of items on Artpoli.

  4. The Seller Member should not use Artpoli’s trademark, service/company name and its logo without permission from the Company.

  5. The Seller member should not sell and/or attempt to sell items bypassing Artpoli’s Service.  Violation of this may result in a disqualification of the Seller Member.


Article 6 (Delivery)

  1. The Company should send the order information to the Seller Member by E-mail, fax or telephone, and the Seller Member should deliver the purchased item pursuant to the order.

  2. The Seller Member should confirm the order information and pack the items not to be damaged during the shipping, then request to the logistics company for the delivery with tracking service.

  3. The Seller Member must finish the dispatch of the item within three (3) business days from the payment date of the buyer.

  4. The Seller Member shall bear all the responsibilities in the case that the Seller Member fails to dispatch the items within the period described in Artlcle 6 (3) or the buyer is unable to receive the item due to any reasons including shipping address error.

  5. The Seller Member should take adequate measures for the buyer to receive the item with three (3) business days from the dispatching date.

  6. The Company may provide an integrated delivery service or a foreign shipping service in partnership with a third party.


Article 7 (Exchange/Refund)

  1. If a buyer demands an exchange or refund of the purchased items to the Seller Member, the Seller Member should execute an exchange or refund pursuant to the ACPECT, and expenses arising from the exchange and refund shall be borne by the breaching party.

  2. The Seller Member should recall all the defected and unsafe items at its own expense.

  3. In case of an item which cannot be exchanged nor refunded pursuant to the ACPECT, the Seller Member should inform such information to a buyer in a way that the buyer can easily notice.


Article 8 (Calculation of Sale Proceeds)

  1. The calculation of sale proceeds of the item sold through Artpoli shall occur 1 or 2 times a month from the completion date of the item delivery, which term can be adjusted by the Company based on its assessment of the Seller Member’s selling records and credit rating.

  2. The Seller Member should submit to the Company relevant documents required by the Company for the calculation.


Article 9 (Deferral of the Calculation)

  1. The Company shall deduct any expenses arising out of the Seller Member’s fault in calculating the sale proceeds.  In a case of a Seller Member whose use contract is terminated and/or void, the Company shall have a right to withhold certain portion, which is determined by the Company’s policy, of the sale proceeds in order to use the amount in the event that buyers demand exchanges or refunds to the Seller Member after the termination of the contract.

  2. The Company shall close the ordering process in the event of long-term shipping delay, and the calculation of sale proceeds in this case shall be deferred for some period of time determined by the Company in preparation for the possible exchange/refund demands from the buyers.

  3. In a case where court’s order of provisional attachment, seizure and/or collection is issued, the Company shall withhold the calculation of sale proceeds until the order becomes revoked.

  4. The Company shall have a right to withhold the calculation of the sale proceeds for certain period of time in accordance with relevant laws and with the reasonable discretion of the Company with a notice to the Seller Member.


Article 10 (Policy on the Tax Payment Management)

The Company may establish a policy on tax payment management in accordance with the relevant law.

 

Article 11 (Protection of Personal Information)

  1. The Seller Member shall not use the third party’s personal information for any purpose other than described in these Terms and Conditions.  In the event of violation of this, the Seller Member must bear all the civil and/or criminal responsibilities pursuant to the applicable laws, indemnify the Company with its own expenses, and the Company may disqualify the Seller Member immediately.

  2. The Company may classify the buyer’s information as confidential after the elapse of considerable period of time for the protection of the personal information.

  3. In a case where the Seller Member disclose or misuses the personal information of third party, the Company shall not have any responsibility.

  4. The Company shall disclose the information about the Seller Member when such disclosure is required pursuant to applicable laws and regulations.


Article 12 (Term and Termination)

  1. The term of the Use Contract shall be from the date of consent on these Terms and Conditions by the Seller Member to the last day of the year of consent, and shall be automatically renewed with the same conditions herein for the length of one (1) year if there does not exist a written objection notice one (1) month prior to the expiration date.

  2. A party may terminate the Use Contract without prior notice in the event of occurrence or verification of the following:

    1. a party has breached any clauses and/or obligations set forth herein, and has failed to cure such breach within seven (7) days after receipt of notice to cure from the non-breaching party;

    2. a party cannot perform the Use Contract by reason of bankruptcy, insolvency, composition, suspension of business by order from government, preliminary attachment on the material assets, transfer of business, merge with any other corporation;

    3. claims have been made from the buyers over 30% of the transactions during two (2) months due to a cause attributable to the Seller Member;

    4. the Company’s reputation has been tarnished or the Company suffers tangible or intangible loss due to a cause attributable to the Seller member including, not limited to, a breach of laws.

  3. Regardless of the termination of these Terms and Conditions, the Seller Member must take the necessary actions such as delivery, exchange and refund of items, to finalize all transactions, and these Terms and Conditions shall continue to apply with respect to transactions executed before the termination.


Article 13 (Damage Claims)

  1. Upon termination of there Terms and Conditions due to a cause attributable to a party including its employees, agents and any affiliates who perform the Use Contract on behalf of the party, the non-breaching party shall be entitled to damage claims against the breaching party.

  2. The Seller Member must compensate all the damages including, but not limited to, tarnishing the Company’s reputation, whether it is tangible or intangible, caused by the breach of the Use Contract.


Article 14 (Indemnification)

  1. The Company only provides a system for trading items based on Artpoli, and shall not intervene in a dispute between sellers and buyers arising out of the quality, completeness, safety, and legality of the listed items and shall not bear any responsibility therefor.  The Seller Member should indemnify the Company for any loss caused by such dispute, provided that, the Company may intervene in such dispute by its own discretion for any possible mediation and the Seller Member shall respect the decision by the Company.

  2. The Company may delete information of items upon receiving a request from any legitimate right holder and the Seller Member shall not demand any compensation thereby.

  3. The Company may disclose relevant information of the Seller Member to the buyers in accordance with ACPECT, and the Seller Member shall bear all the responsibility for the omission and/or falseness of such information.

  4. The Company may temporarily suspend the Services in the event of repair, inspection, replacement and malfunction of computers and other information and communication facilities, interruption of communication and any similar events, and the Company without gross negligence shall not bear any responsibility therefor.


Article 15 (Items Unfit for Sale)

  1. The Seller Member should not sell any items listed below, and shall bear all the responsibility arising of selling such items.

    1. items with deceptive and/or exaggerate advertising

    2. items infringing other’s right including intellectual property right

    3. Sexual materials of which distribution is prohibited by the applicable laws

    4. Any bond, securities, including train tickets, of which online sale is prohibited by the issuer

    5. Industrial product which has failed to pass the quality test

    6. Product having the information on terminal subsidy

    7. Media, Video tape, CD, record, game software not verified/authorized and/or illegally copied

    8. Stolen and/or missing item

    9. Alcoholic beverages, cigarettes, glasses, contact lenses, sun glasses, military supplies, medical supplies and any similar item of which online sale is prohibited by the applicable laws

    10. Any items against the applicable laws

    11. Any items which conflict with the nature of the Website

  1. The Company shall have a right to delete advertising relating to the items described in foregoing clause, and shall suspend and/or cancel the related transactions.  In that case, no refund of service fees paid by the Seller member shall be refunded.

  2. The Company shall have a right to suspend or terminate the membership of the Seller Member who tries to sell the items described in first clause of this Article, and shall be entitled to  damage claims arising out of such items.


Article 16 (Confidentiality)

The Parties shall not disclose other party’s information such as customer record, technology, manufacturing and marketing scheme, know-how, which are treated as confidential, to any third party, other than as required by any law, and shall not use such information for any purpose other than described in these Terms and Conditions


Article 17 (Jurisdiction and Governing Law)

Any legal proceedings brought in connection with disputes arising between the Company and any Member from Artpoli Services shall be submitted to the exclusive jurisdiction of the competent court having jurisdiction over the location of the head office of the Company.  Matters not provided for in these Terms and Conditions shall be governed by the applicable Law of South Korea.


Article 18 (Others)

  1. In the event of change in any information such as address, bank account relating to the transactions, the Seller Members must immediately inform such change to the Company.  Any damages caused by the failure or delay to update such information shall be borne by the Seller Member.

  2. The Company and Seller Members shall not transfer the rights and obligations under these Terms and Conditions to a third party without prior written consent of the other party.

  3. Agreements, electronic documents executed between the parties and notices on Artpoli to Members pursuant to the changes in the Company’s policies shall constitute part of these Terms and Conditions.


Addendum


Article 1 (Effective Date)

These Terms and Conditions shall become effective as of February 15. 2011.

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